Making a Spinal Injury claim

A spinal cord injury is a devastating event. Your life will change dramatically and coming to terms with the possibility of permanent paralysis will put severe demands on you and your family both physically and emotionally. If you have suffered a spinal cord injury in a road traffic accident, an accident, work, while playing sport, or from a slip or fall and someone else is even partly to blame, you may be able to claim compensation to help alleviate the financial difficulties you face both now and in the long term. This guide will introduce you to the basics of spinal injury and how MyClaim's panel of  specialist personal injury solicitors can assist you if you have had the misfortune to suffer such an injury. 
Several of our experienced solicitors are accredited Spinal Injuries Association solicitors.  Our solicitors are available to visit you throughout England and Wales at your treating hospital or spinal injuries rehabilitation centre to which you have been admitted.

What is the spinal cord?

The spinal cord is the largest nerve in the body and it is compromised of the nerves which act as a communication system for the body. The nerve fibres within the spinal cord carry messages to and from the brain to other parts of the body. The brain and spinal cord are referred to as the central nervous system, while the nerves connecting the spinal cord to the body are referred to as the peripheral nervous system. Due to its important role in the nervous system the spinal cord is surrounding by protected bone segments called a vertebral column. This is comprised of 7 cervical vertebrae (C1-C7), 12 thoracic vertebrae (T1-T12), 5 lumbar vertebrae (L1-5) and 5 sacral vertebrae (S1-5). In total are 31 pairs of spinal nerves which branch off from the spinal cord. In the cervical region of the spinal cord, the spinal nerves exit above the vertebrae. However it should be noted that the C7 vertebra, the C8 spinal nerve exits the vertebra below the C7 vertebra. Therefore, there is an 8th
cervical spinal nerve even though there is no 8th cervical vertebra. From the 1st thoracic vertebra downwards, all spinal nerves exit below their equivalent numbered vertebrae.
As the body grows, the vertebral column grows more in length than the spinal cord, causing the discrepancy between the location of the spinal cord segments and the vertebral column segments, particularly in the lower part of the spinal system. Therefore there is often a discrepancy between the level of vertebral fracture and the level of a spinal cord injury.
The term spinal cord injury refers to any injury of the neural elements within the spinal canal. A spinal cord injury can occur from either trauma or disease to the vertebral column of the spinal cord itself. Most spinal cord injuries are the result of trauma to the vertebral column causing a fracture of a bone, or tearing of the ligaments with displacement of the bony column, producing a pinching of the spinal cord. The majority of broken necks and broken backs or vertebral fractures do not cause any spinal cord damage. However, in approximately 10% of the cases where a vertebral trauma has occurred, the damages are of such severity it results in damage to the spinal cord.
Patients with a spinal cord injury are designated as having quadriplegia (tetraplegia) or paraplegia. Quadriplegia refers to injuries of the cervical spinal cord and paraplegia refers to injuries below the cervical spinal cord. Patients with quadriplegia are slightly more common than patients with paraplegia. Over 35% are sustained during road traffic accidents, acts of violence are the second most common cause at around 25%, falls are third at approximately 20%, sports injuries are fourth at approximately 7%.
A spinal cord injury can occur at any level of the spinal cord or at multiple levels. However, the most common areas of injury is the lower part of the neck at the C4, C5 and C6 level. The second most common area of injury is at the bottom of the rib cage at T12. C7 is the third most common area of spinal cord injuries. An injury to the bone at the C1 and C2 level
may not damage the spinal cord, but if the injury is very severe it will lead to immediate death because of a high level of interference of breathing.
A spinal cord injury is obviously a major emergency that must be dealt with immediately in order for the patient to experience the best possible outcome. The effects of paralysis will depend upon the severity as well as what parts of the body it affects, depending upon the severity of a paralysis as well as its causes. It can affect the arms, legs, arms and legs or trunk.
A complete spinal cord injury means that there is no movement or sensation below the level of the injury. In a complete injury, both sides of the body are equally affected. Complete spinal cord injuries will result in complete paraplegia or complete quadriplegia.

Paraplegia

A condition that results in permanent loss of movement and sensation at the T1 level or below. At the T1 level there is a normal hand and arm function and as the levels move down the spinal cord improved abdominal control, respiratory function and sitting balance may occur.

Quadriplegia

Complete quadriplegia is a condition that results in a permanent loss of movement and sensation in all four limbs. Spinal cord injuries that result in complete quadriplegia most often occur at levels C1 to C7. The degree of functionalities is direct result of where the injury to the spine occurred.
The level of the injury, otherwise known as a lesion, is the exact point of the spinal cord at which damage has occurred

Incomplete Spinal Cord Injuries

An incomplete spinal injury is characterised by some movement or sensation below the point of the injury. As acute treatment becomes much more advanced incomplete injuries are becoming more common. In an incomplete injury the patient can often move one limb more than another and may have more function on one side than the other.
The effects of an incomplete injury are dependent upon whether the front, side, back or centre of the spinal cord was affected. There are five classifications of incomplete spinal cord injuries:

  • Anterior cord syndrome
  • Central cord syndrome
  • Posterior cord syndrome
  • Brown-Sequard syndrome
  • Cauda Equina Lesion

Anterior Cord Syndrome

The injury occurs at the front of the spinal cord, leaving the person with partial or complete loss of ability to sense pain, temperature and touch below the level if the injury. Some people with this type of injury later recover some movement.

Central Cord Syndrome

The injury occurs at the centre of the spinal cord and results in the loss of arm function. Some leg, bowel and bladder control may be preserved. Some recovery from the injury may start in the legs.

Posterior Cord Syndrome

The injury occurs towards the back of the spinal cord. Usually muscle power, pain and temperature sensation is preserved. However, the person may have trouble with coordination.

Brown-Sequard Syndrome

This injury occurs on one side of the spinal cord. Pain and temperature sensation will be present on the injured side. Impairment or loss of movement will also result. The opposite side of the injury will have normal movement, but pain and temperature sensation will be affected or lost.

Cauda Equina Lesion

Damage to the nerves that pan out of the spinal cord at the first and second lumbar region of the spine can cause partial or complete loss of movement and feeling. Depending upon the extent of initial damage, sometimes these nerves can grow back and resume functionality.

Functionality after a spinal cord injury

The degree to which a person’s body will work following a spinal cord injury resulting in quadriplegia or paraplegia will depend on the level of the injury and whether the injury was complete or incomplete. Listed below we have put together the most common abilities for varying levels of paralysis.

C1 – C4

These extremely high injuries can result in either complete or incomplete quadriplegia in which the voluntary movement and sensation in all four limbs is affected. While the patient is completely paralysed, some function may be retained, depending on the exact location of the injury. Patients with C1 – C4 can be classified as either complete or incomplete. Complete injuries result in a total loss of movement and sensation below the point of the injury, while incomplete injuries indicate that some function below the level of injury is retained. Patients with C1 – C4 spinal cord injuries generally lose diaphragm function and require a ventilator to breath.

C5

These injuries which occur relatively high in the spinal column can result in either complete or incomplete quadriplegia in which involuntary movement and sensation of all four limbs is compromised. C5 injuries can be classified as either complete or incomplete injuries. Patients who receive C5 injuries typically have no control of the wrist or hand, but do have some control in the shoulder and biceps area.

C6

These injuries are to the cervical region of the spinal cord and can result in either complete or incomplete quadriplegia. Patients with C6 injuries typically have some wrist control but no hand function.

C7 and T1

These injuries occur relatively low in the cervical area of the spinal cord and again can result in either complete or incomplete quadriplegia. C7 and T1 injuries can be classified as either complete or incomplete injuries. Complete injuries result in a total loss of movement and sensation below the point of injury, while incomplete injuries indicate that some function below the level of injury is retained.
Survivors with C7 and T1 injuries can typically straighten the arms but the coordination and dexterity of the hands and fingers is compromised. If the injury occurs any lower than this upper thoracic level the result will be paraplegia in which the case the hands are not affected. Other complications of C1 to C7 injuries are as follows:

  • Bowel and bladder dysfunction
  • Sexual dysfunction
  • Difficulty regulating blood pressure, heart rate, sweating and body temperature
  • Spasticity
  • Muscle atrophy
  • Osteoporosis
  • Gallbladder and renal stones

Immediate medical intervention following the injury will increase the likelihood of the best possible long term prognosis. In most stages the acute stage of the injury is followed by extensive rehabilitation which is designed to help the survivor both physically and mentally to his or her condition.

T1 – T4

These injuries in the higher thoracic region of the spinal cord and can result in complete or incomplete paraplegia. Patients with these injuries usually have full head and neck movement with normal muscle strength, normal shoulder movement and full use of arms, wrists and fingers. However, they have complete paralysis of the lower body and legs. Full body strength will depend upon the level of the injury, but the lower the level, the stronger the upper body strength and balance.

T5 – T8

Patients with these injuries usually have full head and neck movement with normal muscle strength, normal shoulder movement, and full use of arms, wrists and fingers. However, complete paralysis of lower body and legs upper body strength will vary depending on the level of the injury.

T9 – T12

These injuries occur in the lower thoracic region of the spinal cord and again can result in either complete or incomplete paraplegia in which involuntary movement and sensation in the areas of the body below the point of the injury are compromised. People with T9 – T12 injuries typically have control of their hands and arms as well as good control of their abdominal muscles and trunk – body. Control of their hip flexes and legs is compromised, but sitting balance is usually good.
There are other complications of T1 – T12 injuries which are very similar to those of C1 – C8 injuries.

L1 – L5

Full head and neck movement with normal muscle strength. Normal shoulder movement, full use of arms, wrists and fingers. Full upper body control and balance. However, there will be some hip, knee and foot movement depending on the level of injury. Obviously the lower the injury the more control over the movement.

Treatment for spinal cord injuries

Treatment for spinal cord injuries can be divided into two stages – acute and rehabilitation. The acute phase begins at the time of injury and lasts until a person is stabilised. The rehabilitation phase begins as soon as a person is stabilised and is ready to be working towards his or her independence.
During the acute phase it is very important that the person receives immediate medical care. The faster the person has access to treatment the better his or her chances of having the least amount of impairment possible. The first few days of the acute stage are accompanied by spinal shock in which a person’s reflexes do not work. During this stage it is very difficult to determine an exact prognosis as some function beyond what is currently being seen may occur later. At this stage other complications from the accident may also be present such as orthopaedic injuries or bruising.

The rehabilitation phase

Once the acute phase is over and the person has been stabilised he or she enters the rehabilitation stage of treatment. All spinal cord injuries are different a unique plan is designed to help the person function and succeed in every day life. The plan includes:-

  • Helping the person understand his or her injuries
  • Helping the person understand the details regarding his or her case
  • Helping the person become as independent as possible in every day activities
  • Helping the person learn how to instruct carers in how to assist them

Preparing them for vocational rehabilitation In most cases rehabilitation occurs in approved spinal cord injury centres. Our panel solicitors visit these on a regular basis and are able to take instructions from you at these centres.

Practical considerations following a spinal cord injury Our panel solicitors have the experience to know how spinal injuries affect people. To begin recovery and rehabilitation they will need to consider with you:

  • How your injury affects both you and your family.
  • What type of ongoing care you will need.
  • How your injury affects your work.
  • How your injury affects the rest of your life such as your hobbies and activities and what special requirements need to be made in relation to these.
  • What types of modifications to your accommodation will be required.
  • What types on ongoing medical treatment and therapies will you require.
  • How we can maximise the opportunities for your rehabilitation.
  • Your transport and vehicle needs be.

The spinal cord injury panel of solicitors at MyClaim have experience in dealing with the most severe spinal cord injuries. The panel have vast experience and are highly credited in relation to the work they undertake. They are also able to put in place the most appropriate team to serve your needs in undertaking claims of this nature.
Unfortunately this is not always the case and following such life changing events, it is imperative that you instruct an experienced spinal injury solicitor.

Please do not hesitate to contact us if you believe we can be of assistance to you.  Our panel solicitors deal with clients on a nationwide basis and will provide you with the best possible service in order to aid your recovery and rehabilitation and give you the best opportunity to resume independent living.

Contact us:

If you or someone you know has suffered a spinal injury please do not hesitate to contact us, our panel solicitors deal with clients throughout the country and will  be able to visit you at your home, hospital or rehabilitation unit:
Please contact our helpline today on 0800 731 2586